A federal judge on Monday agreed to hit pause until the start of the Trump administration on the House GOP’s long-standing legal challenge of ObamaCare payments.
The U.S. Court of Appeals ruled in favor of Republican leaders, who had requested their case be considered after President-elect Donald Trumptakes office. Any actions on the case, known as House v. Burwell, are now postponed until Feb. 21.
The House GOP’s lawyers said they are already in talks with Trump’s transition team, seeking an end to the lawsuit. They hinted that Trump would be likely to take their side “in light of the public statements” made by his campaign about his opposition to ObamaCare.
The incoming Trump White House offers an opening for the 2-year-old lawsuit that has been blocked by President Obama. The lawsuit would stop the flow of ObamaCare subsidies, which Republicans have argued are illegal.
But Trump has been vocal about his plans to repeal ObamaCare swiftly upon taking office — which could mean the House GOP’s lawsuit becomes unnecessary.
The House Republicans’ legal team says Trump’s election signals there is “at least a significant possibility” that the new administration could either eliminate the need for the lawsuit or “affect the nature and scope of the issues presented for review.”
The GOP’s lawyers and Trump’s transition team “currently are discussing potential options for resolution of this matter” to take place after inauguration.